论死刑复核程序的改革与完善

On the Reform and Improvement of the Review Procedure of Capital Punishment

死刑复核程序作为独立于两审终审以外的特别程序,是中国司法制度之特有。随着审判方式改革的推进,死刑复核程序之弊端日益凸显。在最高人民法院收回死刑核准权之际,重新认识死刑复核程序的性质,从程序的启动及具体审理方面完善死刑复核程序。

Being independent of two judgments and final judgment, the review procedure of capital punishment is a special procedure that only exists in China＇s judicial system. With the development of reforming the trial form the disadvantage of the procedure is becoming more and more obvious. When the Supreme People＇s Court has taken back the approval right of capital punishment, it is necessary to learn again the nature of the review procedure, improve it in the starting of the procedure and in the processes of specific trials.